DYDDIAD: 06/06/2011 PWYLLGOR CYNLLUNIO DATE :

PLANNING COMMITTEE

EITEM CAIS RHIF CYMUNED LLEOLIAD ITEM APPLICATION LOCATION NUMBER

1 C11/0114/11/TC Bangor Fferm Nant Porth Farm, Ffordd Caergybi / Holyhead Road, Bangor 2 C11/0230/34/HY Clynnog Anwylfa Garage, 3 C11/0460/34/HY Clynnog Anwylfa Garage, Clynnog Fawr 4 C11/0242/35/LL Garth Celyn, Lon Ednyfed, Criccieth 5 C11/0252/14/LL Danric Electrical Wholesalers, Cibyn Industrial Estate, Caernarfon 6 C11/0263/41/LL Tir Ger / Land Nr. Angorfa, Pencaenewydd 7 C11/0365/09/HY Ysgol Penybryn, Ffordd Cadfan, Tywyn 8 C11/0374/14/R3 Caernarfon Uned A15 / Unit A15, Lon Ty Newydd, Ystad Ddiwydiannol Cibyn, Caernarfon

Number : 1

Application Number: C11/0114/11/TC Date Registered: 31/01/2011 Application Type: Certificate of Lawful Use Community: Bangor Ward: Menai (Bangor)

Proposal: APPLICATION FOR A LAWFUL DEVELOPMENT CERTIFICATE RELATING TO THE MATERIAL COMMENCEMENT OF PLANNING APPROVAL C01A/0603/11/R3 Location: NANT PORTH FARM , HOLYHEAD ROAD , BANGOR .

Summary of the TO APPROVE Recommendation:

Description:

This application seeks to legitimise the material commencement of an application already approved under C01A/0603/11/R3 to demolish one dwelling and erect another in its place.

The site is located within a rural area on the periphery of Bangor city, between the highway and the Menai Straits. A substantial private access track runs through agricultural land. The site of the current dwelling is on a hill and the proposed dwelling will be directly next to it. The site is somewhat landscaped with historic trees and cloddiau.

The original dwelling is still on the site, however work has begun on the foundations of the proposed dwelling by digging footings; these footings are in accordance with the approved plans.

Evidence has been submitted to prove that the material commencement has taken place within five years of the relevant planning approval under reference number C01A/0603/11/R3.

Relevant Policies: Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy emphasise that decisions should be made in accordance with the Development Plan, unless material planning considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.

Gwynedd Unitary Development Plan 2009:

Not material for assessing Lawful Development Certificate applications.

National Policies:

Town and Country Planning Act 1990 Part VII (as amended by the Planning and Compensation Act 1991)

Town and Country Planning Act 1990 Section 56

Relevant Planning History: C01A/0603/11/R3 Demolish current dwelling and erect a new one in its place – APPROVED 08.11.01

Consultations:

Community/Town Council: No observations

Legal Unit: Support on the grounds of the submitted evidence

Public Consultation: A notice was placed on the site. The advertising period ended on 10 March and no letters of objection had been received.

Additional Information:

The evidence submitted as part of the application includes the following:

• A letter from the Senior Building Control Officer confirming that he visited the site on 19 October 2006 to inspect the footings work for the foundations and confirming that the work was being carried out correctly. • A copy of the original application form submitted as part of the application under reference number C01A/0603/11/R3 • A copy of the original decision notice provided upon determining the original application under reference number C01A/0603/11/R3. • A copy of the location plan and the original detailed plans submitted as part of the application under reference number C01A/0603/11/R3

Material Planning Considerations:

The main consideration in the case of this application is whether the evidence submitted is sufficient to justify issuing a Lawful Development Certificate.

The applicant’s evidence 1. The applicant’s evidence proves that there was material commencement within the five year period following the approval of the original planning application under reference number C01A/0603/11/R3 in accordance with the contents of Section 56 of the Town and Country Planning Act 1990 which notes what is considered to be material work.

Evidence of the Local Planning Authority 2. The Local Planning Authority confirms that the footings of the proposed dwelling had been constructed in accordance with what was approved under reference number C01A/0603/11/R3 and that these footings remain on the site.

Additional Evidence 3. No other evidence has been submitted to either support or contradict what this application seeks to prove.

Conclusions:

In light of the above, the submitted evidence is sufficient and without doubt proves the material commencement of the planning application already approved under reference number C01A/0603/11/R3 within the five year period from when planning approval was granted.

Recommendation: To approve

Number : 2

Application Number: C11/0230/34/HY Date Registered: 07/04/2011 Application Type: Advertisement Community: Clynnog Ward: Clynnog

Proposal: ERECTION OF A FREESTANDING ILLUMINATED SIGN Location: ANWYLFA GARAGE , CLYNNOG FAWR , CAERNARFON , , LL545PF

Summary of the TO REFUSE Recommendation:

Description: The determination of the application to erect a freestanding internally illuminated sign was deferred in order to allow time for discussions to be held regarding the type of sign that can be used with attention given to matters such as the size and colour of the sign, the language used and whether or not there is a need to illuminate the sign.

Following discussions as a result of the Committee’s decision, a new application was received for a sign along with an amended location near the junction on the other side of the village and because of this there are no changes to the application.

It is intended to erect an internally illuminated signpost near the A499 in Clynnog Fawr on land between the old road and the new road. The sign will measure approximately 1.4 metres by 3.1 metres and will be erected on a post measuring approximately 5.2 metres high and it will be freestanding. The sign will advertise the petrol price at the petrol station and shop located in the centre of Clynnog Fawr.

Relevant Policies: Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that decisions should be made in accordance with the Development Plan, unless material planning considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.

Gwynedd Unitary Development Plan 2009:

POLICY B4 – DEVELOPMENTS WITHIN OR THAT AFFECTS THE SETTING OF CONSERVATION AREAS Ensure that proposals within conservation areas, or which affect their setting, are refused unless they aim to maintain or enhance the character or appearance of the conservation area and its setting.

POLICY B8 – LLŶN AND MÔN AREAS OF OUTSTANDING NATURAL BEAUTY (AONB) To safeguard, maintain and improve the character of the Area of Outstanding Natural Beauty by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features of the site.

POLICY B23 – AMENITIES Safeguard the amenities of the local neighbourhood by ensuring that proposals must conform to a series of criteria aiming to safeguard the recognised features and amenities of the local area.

POLICY CH21 SIGNS Proposals for signs will be approved if they conform to a series of criteria regarding visual, cultural, linguistic, amenity and road safety matters.

National Policies: Planning Policy Wales, fourth edition, February 2011 Chapter 3.5 on the Control of outdoor advertisements.

Technical Advice Note 7 – Outdoor Advertisement Control (November 1996) Technical Advice Note 12 Design (June 2009).

Relevant Planning History: There is no relevant history to the site but the sign will be associated with the petrol station in Clynnog Fawr.

Consultations:

Community/Town Council: Not received

Transportation Unit: Recommend refusing this application for road safety reasons.

Public Consultation: At the time of writing the report, no observations in objection or in support had been received in relation to this application.

Additional Information: The application is submitted to the Committee at the local member’s request.

Material Planning Considerations:

The statutory provisions enable the local planning authorities to control the display of outdoor advertisements in the interests of amenities and public safety. Also, it is accepted that anyone who intends to display a sign needs that sign in that specific location, be that for commercial or other reasons.

Amenities 1. The proposed sign is located within the Area of Outstanding Natural Beauty (AONB) that has been designated because of the special and unique features of the landscape. The main purpose of this national designation is to protect the natural beauty of the landscape and the Council has a responsibility to ensure that priority is awarded to this. Therefore, applications for permission must be in accordance with policy B8 and be studied in detail to ensure that the proposals do not endanger the main designations in the area. 2. In addition, the proposed sign would be visible from the Clynnog Fawr Conservation Area, as well as from residential houses in the village and surrounding area. Policy B4 presumes against proposals within conservation areas unless they aim to maintain or enhance the character or appearance of the conservation area and its setting. When making a decision on a development proposal that would affect a conservation area, the Council will consider the development’s impact on views across, into and out of the conservation area, along with the development’s impact on natural features that play an important part in the setting of the conservation area. 3. As noted above, a number of policies within the Gwynedd Unitary Development Plan are relevant when determining the application. The main policy to consider when assessing the principle of the development is policy CH21 that relates to signs; points 1, 2 and 3 of the policy are relevant. The policy states that the development is acceptable provided that the criteria can be met. In this case, it is believed that there would be a negative impact on the positive features of the landscape and those elements of it that contribute to the unique character of the local landscape; it is not believed that such development can be integrated successfully into the landscape as the size, nature, scale and location of the proposal would not be in keeping with the rural and open character of the area. This would be highlighted by its internal illumination during nightfall. Therefore, it is not considered that the proposal meets the criteria of policy CH21 or policies B23, B4 and B8. 4. Technical Advice Note 7 acknowledges that businesses located in the countryside expect to be able to advertise their location, in particular to visitors; however, care should be taken to ensure that signs have been designed and sited in a way that is in keeping with their background. The policy encourages businesses near bypasses to combine their essential advertisement needs in order to avoid numerous signs or consider producing an official highway sign to meet the needs of the entire community. In this case, official highway signs have already been displayed by the Council on both sides of the village which advertise the shop and petrol station. Despite the fact that the applicant does not feel that the existing signs are effective enough, it is not considered that the evidence submitted justifies a commercial sign of this type in this location and neither does it outweigh the harm caused to visual amenities.

Public Safety 5. Point 3 of policy CH21 is a consideration for this aspect of the application. The criteria state that the development is acceptable unless the sign has an unacceptable impact on road safety because of its design or location. The Transportation Unit objects to the application for the following reasons: • The sign is located to the north of the northern entrance to the village; therefore, it is only effective for traffic travelling from the direction of Caernarfon. • Any traffic travelling from the direction of would have passed both turnings before seeing the signs and there is not a suitable place to turn back for miles. • The sign could be considered to be a distraction as the garage is not obvious from the highway. • The existing brown and white sign for Clynnog Fawr notes the attractions and services of the village – the first symbol on this sign is one for petrol and diesel. As a result, it is not considered that the proposal meets point 3 of the criteria in policy CH21.

Conclusions:

It is considered that the sign, due to its size, nature, scale, lighting, and location would have a substantial detrimental impact on road safety and on the visual amenities of the area. In addition, it is considered that the sign would have a substantial impact on the appearance of the AONB and on the nearby Conservation Area.

Recommendation: To refuse – reasons The proposed sign, due to its size, nature, scale, lighting, and location would have a substantial detrimental impact on road safety and on the visual amenities of the surrounding area. Therefore, the proposal is contrary to policies B23 and CH21 of the Gwynedd Unitary Development Plan, July 2009.

The proposed sign would be detrimental to the character and setting of the Area of Outstanding Natural Beauty and the nearby Conservation Area and would therefore be contrary to policies B4 and B8 of the Gwynedd Unitary Development Plan, July 2009.

Number : 3

Application Number: C11/0460/34/HY Date Registered: 19/05/2011 Application Type: Advertisement Community: Clynnog Ward: Clynnog

Proposal: ERECTION OF A FREESTANDING ILLUMINATED SIGN Location: LAND NR. A499, CLYNNOG FAWR , CAERNARFON, GWYNEDD

Summary of the TO REFUSE Recommendation:

Description:

It is intended to erect an internally illuminated signpost near the A499 (on the Pwllheli side) in Clynnog Fawr on land between the old road and the new bypass. The sign will measure approximately 1.4 metres by 3.1 metres and will be erected on a post measuring approximately 5.2 metres high and it will be freestanding. The sign will advertise the petrol price at the petrol station and shop located in the centre of Clynnog Fawr.

Following discussions as a result of the Committee’s decision on application C11/0230/34/HY a new application for a sign in an amended location near the junction on the Pwllheli side of the village was received, where the sign would be visible to vehicles travelling in both directions and would allow customers to turn into the village without having to turn around on the highway as the situation was with the sign which was the subject of application C11/0230/34/HY. The sign has also been amended to be green in colour and the content of the sign will be amended to include a bilingual element. It will only be illuminated during the opening hours of the petrol station and shop, namely between 7am and 9pm and the light of the sign will be controlled via a photovoltaic method so that it will only be illuminated when the environmental light is low.

Relevant Policies: Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that decisions should be made in accordance with the Development Plan, unless material planning considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.

Gwynedd Unitary Development Plan 2009:

POLICY B4 – DEVELOPMENTS WITHIN OR THAT AFFECTS THE SETTING OF CONSERVATION AREAS Ensure that proposals within conservation areas, or which affect their setting, are refused unless they aim to maintain or enhance the character or appearance of the conservation area and its setting.

POLICY B8 – LLŶN AND MÔN AREAS OF OUTSTANDING NATURAL BEAUTY (AONB) To safeguard, maintain and improve the character of the Area of Outstanding Natural Beauty by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features of the site.

POLICY B23 – AMENITIES Safeguard the amenities of the local neighbourhood by ensuring that proposals must conform to a series of criteria aiming to safeguard the recognised features and amenities of the local area.

POLICY CH21 SIGNS Proposals for signs will be approved if they conform to a series of criteria regarding visual, cultural, linguistic, amenity and road safety matters.

National Policies: Planning Policy Wales, fourth edition, February 2011 Chapter 3.5 on the Control of outdoor advertisements.

Technical Advice Note 7 – Outdoor Advertisement Control (November 1996) Technical Advice Note 12 Design (June 2009).

Relevant Planning History: There is no relevant history to the site but the sign will be associated with the petrol station in Clynnog Fawr.

Consultations:

Community/Town Council: Not received

Transportation Unit: Not received

Conservation Officer: Not received

CADW: Not received

Public Consultation: At the time of writing the report, no observations in objection or in support had been received in relation to this application.

Additional Information: The application is submitted to the Committee at the local member’s request.

Material Planning Considerations:

The statutory provisions enable the local planning authorities to control the display of outdoor advertisements in the interests of amenities and public safety. Also, it is accepted that anyone who intends to display a sign needs that sign in that specific location, be that for commercial or other reasons.

Amenities 5. The proposed sign is located within the Area of Outstanding Natural Beauty (AONB) that has been designated because of the special and unique features of the landscape. The main purpose of this national designation is to protect the natural beauty of the landscape and the Council has a responsibility to ensure that priority is awarded to this. Therefore, applications for permission must be in accordance with policy B8 and be studied in detail to ensure that the proposals do not endanger the main designations in the area. 6. In addition, the proposed sign would be visible from the Clynnog Fawr Conservation Area, as well as from residential houses in the village and surrounding area. Policy B4 presumes against proposals within conservation areas unless they aim to maintain or enhance the character or appearance of the conservation area and its setting. When making a decision on a development proposal that would affect a conservation area, the Council will consider the development’s impact on views across, into and out of the conservation area, along with the development’s impact on natural features that play an important part in the setting of the conservation area. 7. As noted above, a number of policies within the Gwynedd Unitary Development Plan are relevant when determining the application. The main policy to consider when assessing the principle of the development is policy CH21 that relates to signs; points 1, 2 and 3 of the policy are relevant. The policy states that the development is acceptable provided that the criteria can be met. In this case, it is believed that there would be a negative impact on the positive features of the landscape and those elements of it that contribute to the unique character of the local landscape; it is not believed that such development can be integrated successfully into the landscape as the size, nature, scale and location of the proposal would not be in keeping with the rural and open character of the area. This would be highlighted by its internal illumination during nightfall. Although some elements of the application are an improvement on application C11/0230/34/HY, it is considered that the proposal is still contrary to policies CH21, B23, B4 and B8. 8. Technical Advice Note 7 acknowledges that businesses located in the countryside expect to be able to advertise their location, in particular to visitors; however, care should be taken to ensure that signs have been designed and sited in a way that is in keeping with their background. The policy encourages businesses near bypasses to combine their essential advertisement needs in order to avoid numerous signs or consider producing an official highway sign to meet the needs of the entire community. In this case, official highway signs have already been displayed by the Council on both sides of the village which advertise the shop and petrol station. Despite the fact that the applicant does not feel that the existing signs are effective enough, it is not considered that the evidence submitted justifies a commercial sign of this type in this location and neither does it outweigh the harm caused to visual amenities.

Public Safety 5. Point 3 of policy CH21 is a consideration for this aspect of the application. The criteria state that the development is acceptable unless the sign has an unacceptable impact on road safety because of its design or location. At the time of writing the report, no response had been received from the Transportation Unit. However, the sign is now in a location where it would be visible to vehicles travelling in both directions and where it would allow customers to turn into the village without having to turn around on the highway. Consequently, it is not considered that the proposal meets point 3 of the criteria in policy CH21.

Conclusions:

It is considered that the sign, due to its size, nature, scale, lighting, and location would have a substantial detrimental impact on road safety and on the visual amenities of the area. In addition, it is considered that the sign would have a substantial impact on the appearance of the AONB and on the nearby Conservation Area.

Recommendation: To refuse – reasons – The proposed sign, due to its size, nature, scale, lighting, and location would have a substantial detrimental impact on the visual amenities of the surrounding area. Therefore, the proposal is contrary to policies B23 and CH21 of the Gwynedd Unitary Development Plan, July 2009.

The proposed sign would be detrimental to the character and setting of the Area of Outstanding Natural Beauty and the nearby Conservation Area and would therefore be contrary to policies B4 and B8 of the Gwynedd Unitary Development Plan, July 2009.

Number : 4

Application Number: C11/0242/35/LL Date Registered: 16/03/2011 Application Type: Full Planning Community: Cricieth Ward: Cricieth

Proposal: FULL APPLICATION FOR THE ERECTION OF A TWO STOREY DWELLING FOLLOWING PART DEMOLITION OF AN EXISTING OUTBUILDING Location: GARTH CELYN , L ÔN EDNYFED , CRICIETH , LL52 0AH

Summary of the TO APPROVE WITH CONDITIONS Recommendation:

Description:

The proposal involves erecting a two storey dwelling. The site is located within the curtilage of an existing substantial dwelling which is surrounded by trees and other dwellings.

Relevant Policies: Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that decisions should be made in accordance with the Development Plan, unless material planning considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.

Gwynedd Unitary Development Plan 2009:

POLICY B4 – DEVELOPMENTS WITHIN OR THAT AFFECTS THE SETTING OF CONSERVATION AREAS Ensure that proposals within conservation areas, or which affect their setting, are refused unless they aim to maintain or enhance the character or appearance of the conservation area and its setting.

POLICY B19 – PROTECTED TREES, WOODLAND AND HEDGEROW Approve proposals that will involve losing or damaging a protected tree, woodland or hedgerow only when the development’s economic benefits and/or social benefits outweigh any damage.

POLICY B22 – BUILDING DESIGN Promote good building design by ensuring that proposals conform to a series of criteria relating to safeguarding the recognised features and character of the local landscape and environment.

POLICY B23 – AMENITIES Safeguard the amenities of the local neighbourhood by ensuring that proposals must conform to a series of criteria aiming to safeguard the recognised features and amenities of the local area.

POLICY B25 – BUILDING MATERIALS Safeguard the visual character by ensuring that the building materials are of a high standard and in keeping with the character and appearance of the local area.

POLICY CH4 – NEW HOUSING ON UNALLOCATED SITES WITHIN THE DEVELOPMENT BOUNDARIES OF LOCAL CENTRES AND VILLAGES Approve proposals for the construction of new houses on unallocated sites within the boundaries of Local Centres and Villages if they conform to criteria aimed at ensuring an affordable element within the development.

POLICY CH33 – SAFETY ON ROADS AND STREETS Development proposals will be approved if they can conform to specific criteria regarding the vehicular entrance, standard of the existing road network and traffic calming measures.

POLICY CH36 – PRIVATE CAR PARKING FACILITIES Proposals for new developments, extension of existing developments or change of use will be refused unless offstreet parking is provided in accordance with the Council’s current parking guidelines, and having given due consideration to the accessibility of public transport, the possibility of walking or cycling from the site and the distance from the site to a public car park.

National Policies: Planning Policy Wales, fourth edition, February 2011. Technical Advice Note 12: Design

Relevant Planning History: None

Consultations:

Community/Town Council: No objection but it was eager to see whether its design and building materials are inkeeping with the area taking into account that the dwelling, Garth Celyn, is of a high standard and is built of granite.

Transportation Unit: No recommendation as it is assumed that the proposed development would not have a detrimental impact on any road or proposed road.

Welsh Water: Standard conditions.

Conservation Officer: No response.

Public Consultation: A notice was placed on the site and neighbouring residents were informed. The consultation period ended on 21/04/11 and six letters were received objecting to the application on the following grounds: • Detrimental impact on the amenities of nearby houses because of noise, loss of privacy and traffic • The access is too narrow for everyday traffic, especially building traffic • The proposal would disrupt the woodland habitat, especially for bats and owls • A possibility of other developments should the access be approved • A different design to that of Garth Celyn

Additional Information: None

Material Planning Considerations:

Design and Access Statement 1. In accordance with the Town and Country Planning Order (General Development Procedure) (Wales) 2009, a Design and Access Statement is required. Technical Advice Note 12 Design provides clear advice. The Design and Access Statement is a material consideration that those determining the application must consider. The applicant has noted in the statement that consideration was given to the character, movement, environmental sustainability, community safety and access. The Design and Access Statement has received due emphasis and consideration in determining this application, but has not changed the recommendation.

Policy Context 2. The site is within the development boundary of Cricieth. As noted above, the Unitary Development Plan contains a specific policy that is relevant to the construction of new dwellings on unallocated sites within the boundaries of local centres and villages if they conform to criteria aimed at ensuring an affordable element within residential developments. Taking into account the location of the development in a substantial area of established dwellings, its scale (a single dwelling only) it is considered in this instance that it is not essential for it to be an affordable dwelling. It is therefore considered that the proposal complies with policy CH4 of the GUDP.

Design 3. The proposal involves erecting a substantial dwelling next door to the existing dwelling (Garth Celyn). The site is within the boundaries of the Cricieth Conservation Area and adjacent to St Catherine’s Church which is a grade two, two star, listed building.

4. Although it is not a designated site, the density levels of the area can be used as guidance in determining such applications. The density of the houses also reflects development patterns in the local area. It is considered that the size and location of the development is inkeeping with the density and pattern of development in the area and therefore, there is no objection to this element of the application. In general, it is considered that the materials are acceptable and that it would not have an impact on the visual amenities of the area, but the location and design of the front windows should be amended to reflect the character and appearance of Garth Celyn. Amendment of the windows included, it is considered that the application conforms to Policies B4, B22, B23 and B25 of the Gwynedd Unitary Development Plan.

Amenities 5. The site is located in an area where residential dwellings are characteristic. No objections in relation to overlooking or loss of light have been received. The main objections received related to highways and access to the site matters. These are discussed further below. It is not considered that the development will have an unacceptable effect on the amenities of dwellings in the adjacent area. Therefore, it is considered that the proposal complies with policy B23 of the GUDP.

Highways Considerations 6. The main objection to this application relates to highways implications. The highways authority has responded to the consultation and no observations or objections were submitted. The current proposal allows vehicles to access the site and leave in a forward gear. Adequate parking and turning space is provided in the curtilage. The proposal also demonstrates that there is adequate parking provision for Garth Celyn. It is not considered that the traffic associated with the proposal would cause significant harm to the amenities of the adjacent dwellings. It is therefore considered that the proposal complies with policy CH33 and CH36 of the GUDP.

7. Reference is also made to observations suggesting using the existing access of Garth Celyn for the proposed development. Although the observations have been noted, this was not the plan that was submitted for consideration. The application has to be determined based on its own merits and should not be refused based on the single fact that another piece of land could be used for the access.

8. Also, exactly how the materials which are needed to construct the dwelling gain access to the site is a private matter for the developer and it is not a relevant consideration when determining the application. Case law is clear and is supportive of this matter. In Merrit v Home Secretary for the Environment (JPL 2000, 371 – 384) Mr Robin Purchas QC states: “…. The structure of planning legislation is such as to concern itself with the acceptability of the development of land in the public interest. It is not generally concerned with ownership or land interest or, for that matter, implementation ”.

Biodiversity 9. A number of objections were received based on the impact of the development on local biodiversity. It has to be remembered that the site forms a part of a residential curtilage. The proposal does not involve felling any trees and this can be ensured by imposing a condition on any planning consent. Also, a condition could be imposed on the materials used for the access track in order to protect tree roots.

Conclusions: All material considerations have been considered when determining this application, but this has not changed the recommendation.

Recommendation: To delegate powers to the Planning Manager to approve the application subject to amended plans for the design of the windows – conditions – five years, materials, code for sustainable homes, trees, access, withdrawal of permitted development rights, sewerage, surface water and the development to conform to approved plans.

Number: 5

Application Number: C11/0252/14/LL Date Registered: 14/03/2011 Application Type: Full Planning Community: Caernarfon Ward: Peblig

Proposal: EXTENSION TO CREATE A SHOWROOM AREA FOR THE RETAILING OF ELECTRICAL GOODS Location: DANRIC ELECTRICAL WHOLESALERS , CIBYN INDUSTRIAL ESTATE , CAERNARFON , LL552BD Summary of the TO APPROVE SUBJECT TO CONDITIONS Recommendation:

Description: This is an application to extend the existing building located in the northern corner of the Cibyn industrial estate (adjacent to the Caergylchu site) in order to create a showroom and storage area. These facilities will be in addition to those that are already on the site. Externally, the extension will be of the same construction as the existing building with a grey steel covering with red corner strips. Originally, the application was submitted with details showing the extension of the same height to its ridge as the existing building (approximately 4.4m in height) and extending out towards the boundary on one side to 8.6m and 19.5m on the other side – these measurements follow the triangular shape of the site – with a width of 27m. The northern elevation that faces Road will be broken up with windows to provide light for the showroom and the storage area. Currently, this is a vacant site that includes a lawn with mature trees. However, following concerns by the Local Planning Authority regarding the size of the extension, revised plans were submitted, reducing the size of the extension so that it now extends 7.6m to one side and 15.5 on the other side. This will then allow more landscaping between Llanberis Road and the northern elevation of the new extension. Although some of these trees will be felled to make room for the extension, the proposal also includes a tree planting scheme on the boundary of the site. The parking facilities are as existing and are located to the front of the building. There are five parking spaces for the public (including a space for the disabled), along with two parking spaces for staff and a central servicing area. Several industrial/ business units are located adjacent to the site including the Council’s recycling site to the east and business units to the south that are owned by the Council. The land in question is currently owned by the Council and there are ongoing discussions between the Council and the applicant regarding the sale of the land to the applicant. The application is submitted on the basis of the prior discussions with the Local Planning Authority at the preapplication stage.

Relevant Policies: Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that decisions should be made in accordance with the Development Plan, unless material planning considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.

Gwynedd Unitary Development Plan 2009:

Policy D2 – Industrial Sites. Protecting land and units on Industrial Sites for use as Class Bl, B2 and B8 uses. To approve developments which are not B1, B2 or B8 uses if they are smallscale supplementary business facilities; provide waste management facilities or other 'sui generis' uses with similar features to activities in B1 and B2 classes; or, does not lead to lack of land units for B1, B2 and B8 uses.

Policy B22 – Building Design Promote the design of good buildings by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features and character of the local landscape and environment.

Policy B23 – Amenities Safeguard the amenities of the local neighbourhood by ensuring that proposals must conform to a series of criteria aiming at safeguarding the recognised features and amenities of the local area.

Policy B24 – Changing and extending buildings within development boundaries, rural villages and rural areas Ensure that proposals for adaptations or extensions to buildings conform to a series of criteria aimed at protecting the character and amenity value of the local area.

Policy D6 – Industrial/Business Units within development boundaries. To approve proposals provided that the site has not been designated for any other use and that the scale, type and design of the development is appropriate for the site and is compatible with other existing nearby uses.

Policy D8 – Expansion of existing enterprises Proposals to extend/expand/intensify industrial enterprises and existing businesses or other enterprises will be approved if they conform to specific criteria regarding the appropriateness of the existing use in relation to the surrounding area and adjacent uses and how relevant it is to the existing work.

National Policies: Technical Advice Note 12 Design (June 2009). Planning Policy Wales, Chapter 7 “Supporting the Economy” (February 2011)

Relevant Planning History: Application No. 3/14/469C – new warehouse approved December 1991. Application No. 3/14/469F – extension to existing warehouse approved February 1996.

Consultations:

Community/Town Council: Agree.

Transportation Unit: Recommend that the applicant marks out the parking spaces with paint in order to formalise the parking arrangement within the site.

Environment Agency: Not received

Welsh Water: Not received

Public Protection Unit: Not received

Access Officer: Observations regarding several issues, including parking provision to be undertaken in accordance with British standards; the entrance to be level and the double doors of the entrance to be automatic.

Municipal Work Service Concern regarding traffic problems that already exist in this (Recycling Sites) part of Cibyn along with lack of parking spaces. This applicant has already complained about the situation! Property Service No objection for the applicant to purchase the land from the Council.

Policy and Performance As the existing building has already been used as a Unit: warehouse/electrical goods retail unit for approximately 20 years, no great weight should be given to Policy D2 of the UDP. It is believed that it is more appropriate to deal with this application under Policy B8, as it is an application that involves extending an existing enterprise. In general, it is considered that the development in question is acceptable in terms of this specific policy.

Public Consultation: A notice was placed on the site and neighbouring residents were informed. The advertising period ended on 15/04/11 but no observations have been received thus far.

Additional Information:

In accordance with TAN12 on Design, a design and access statement was submitted with the application referring to the five statutory headings involving access, character, community safety, environmental sustainability and movement. It is considered that the content of the statement reflects the nature and scale of the proposal.

Material Planning Considerations:

Residential amenities 1. As referred to above, the site is located on the northern boundary of the industrial estate adjacent to Llanberis Road. Residential dwellings are located on the adjacent side of Llanberis Road, approximately 40m away to the northwest of the site and it is believed that this distance, along with the fact that a busy road runs between the site and these dwellings, will reduce the effect of the new extension on the general amenities of the residents of these dwellings. It is also believed that the proposal will not disturb the occupiers and owners of existing businesses that are located near the application site on the grounds of scale and use of the proposal that has existed here for several years now despite the traffic problems. Therefore, it is believed that the proposal complies with Policy B23 of the Unitary Development Plan (safeguarding the amenities of the local neighbourhood).

Visual amenities 2. As a result of the size and shape of the site, the extension will protrude towards the adjacent road, which means that several mature trees will be felled. This will then mean that the side of the extension will be visible from the road. The applicant has attempted to mitigate the effect of the extension on its surroundings by ensuring that its height will not be higher than the existing building and its construction will match the existing building in form and appearance. That is, the existing building will form the background to the extension rather than the extension standing independently. In addition, the extension has been reduced in size and consequently so will its impact on the environment. There are various other structures along Llanberis Road that are located adjacent to the road and are visible to passersby and it is believed therefore that this proposal would not be an exception along this section of the road. Also, there are several large structures within the estate that are also visible from the adjacent road. The proposal also includes some tree planting that will thicken the existing screen of trees that are within and partly outside the site. Therefore, it is believed that the proposal is acceptable on the grounds of its impact on the visual amenities of the area and that the proposal complies with Policy B22 (building design), B23 and B24 (changing and extending buildings within development boundaries) of the UDP.

Location and use 3. Policy D2 of the UDP states that land and units on industrial estates must be retained and safeguarded for B1, B2 (business) and B8 (storage and distribution) uses. In this case, the warehouse/ electrical retail unit have been established since 1992 after the original application was approved and which was further extended in 1996. Therefore, from the perspective of policy, this use has now been established in the industrial estate and this latest proposal only intends to improve facilities that already exist within the building. It is believed therefore that this latest proposal does not undermine the requirements of Policy D2 of the UDP. It is also believed that it conforms to Policy D6 of the UDP that states that proposals to construct units for industry or businesses within development boundaries will be supported. Policy D8 states further that it is possible to extend existing industrial and business enterprises if the proposal does not create significant harm to the surrounding area or nearby uses; that the proposal is located within the existing development; that the proposal is ancillary to the existing operation; that the proposal is acceptable on the basis of scale, the environment and road network. In this case it is deemed that the proposal is in accordance with the abovementioned criteria and taking into account the above report.

Conclusions:

Taking into account the observations above that are based on information submitted with the planning application, it is believed that the application is acceptable on the grounds of its location, scale, materials, and design and parking/road network. It is not believed that it will have a substantial impact on residential and environmental amenities or have a detrimental effect on road safety.

Recommendation:

To approve – conditions – commencing the work, in accordance with the plans, landscaping, and defining the parking spaces within the site.

Number : 6

Application Number: C11/0263/41/LL Date Registered: 18/03/2011 Application Type: Full Planning Community: Llanystumdwy Ward: Llanystumdwy

Proposal: FULL APPLICATION FOR THE ERECTION OF A SINGLESTOREY AFFORDABLE DWELLING Location: LAND NR. ANGORFA , PENCAENEWYDD , PWLLHELI , LL536RB

Summary TO APPROVE SUBJECT TO CONDITIONS of the Recommendation:

Description:

The proposal involves the erection of a singlestorey affordable dwelling with a separate private garage in Pencaenewydd.

The site is located behind buildings coloured in red on the inset map of the rural village of Pencaenewydd. There is a terrace of dwellings to the south of the site and a new dwelling house has been built to the west of the site. At the moment, the site forms part of a field and there are hedges and trees on the northern and eastern boundaries. A ditch / small river also runs along the eastern side of the field. More fields are located to the north.

Relevant Policies: Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that decisions should be made in accordance with the Development Plan, unless material planning considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.

Gwynedd Unitary Development Plan 2009: Policy B22 – Building Design Promote the design of good buildings by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features and character of the local landscape and environment.

Policy B23 – Amenities Safeguard the amenities of the local neighbourhood by ensuring that proposals must conform to a series of criteria aiming to safeguard the recognised features and amenities of the local area.

Policy B25 – Building Materials Safeguard the visual character by ensuring that the building materials are of a high standard and in keeping with the character and appearance of the local area.

Policy CH5 New Housing in Rural Villages Approves a residential development which includes one or two units only in a Rural Village on specific sites if it conforms to criteria relating to local need for the development, effect on the landscape and the specific features of the site. Policy CH33 – Safety on roads and streets Development proposals will be approved if they can conform to specific criteria regarding the vehicular entrance, standard of the existing road network and traffic calming measures.

Policy CH36 – Private Car Parking Facilities. Proposals for new developments, extension of existing developments or change of use will be refused unless offstreet parking is provided in accordance with the Council’s current parking guidelines, and having given due consideration to the accessibility of public transport, the possibility of walking or cycling from the site and the distance from the site to a public car park.

Supplementary Planning Guidance: Affordable Housing (November 2009) This document assists with the interpretation and application of national and local policies relating to the promotion of the provision of affordable housing by means of the planning system.

National Policies: Planning Policy Wales, fourth edition, February 2011 Technical Advice Note 2: Planning and Affordable Housing Technical Advice Note 12: Design

Relevant Planning History: C09D/0222/41/LL – Construction of a twostorey affordable dwelling. Refused on 24/02/2010 and refused upon appeal on the grounds of the size of the proposed house.

Consultations:

Community/Town Council: Not received

Transportation Unit: It is intended to use the existing (new) access that has already been approved with conditions as part of a previous application, therefore, the only recommendation I propose is to impose a condition relating to parking and turning spaces.

Environment Agency: Observations refer to the response to the previous application:

“We are aware that flooding caused difficulties in the area surrounding Tŷ’r Felin and Efail in Pencaenewydd. It appears that this problem is linked to an old road culvert that closes up occasionally, thus causing the flooding, but as the water course in question is not a main river, our advice is that you should contact Mr Wil Elphick in your Drainage Department. He may have more information. I note the following in relation to Mr and Mrs Hughes’s concerns regarding surface water drainage from the proposed new dwellings: In the case of larger developments, we used to recommend delaying the flow in order to ensure that water did not flow from the site quicker than the natural grassland overflow rate. In the case of small developments like this, it is difficult to delay the flow (e.g. by using HydroBreak), because of the substantial risk of closing small crevices. Bearing in mind the past flooding problems, it appears that it would be wise to encourage the developer to use porous materials (e.g. gravel instead of tarmac), for the hard surfaces surrounding the property. Furthermore, we notice that the developer intends to discharge surface water to a soakaway; therefore, tests should be carried out to ensure that the land is suitable for that. If it is not, we would wish for you to reconsult with us regarding any other surface water disposal method.”

Welsh Water: Standard conditions.

Affordable Housing Officer: I refer to my letter to the applicant, dated 24 February 2011, where I have assessed the applicant’s need. I note in my letter that I am of the view that the applicant complies with the definition of Need and Local for an Affordable House; HOWEVER, I question the real need for four bedrooms based on the ages of the family’s children. However, based on the home’s current structure of need (2 parents and 3 children), and the fact that the applicant has substantially reduced the surface area of the house to comply with the Affordable Housing Planning Guidance, November 2009, I would not object to a four bedroom affordable house.

Public Consultation: A notice was placed on the site and neighbouring residents were informed. The consultation period ended on 21/04/11 and six letters were received objecting to the application on the following grounds: • Flooding and land drainage problems • The size of the house, too large to be an affordable house • Questioning the need for an affordable house • Detrimental impact on the amenities of nearby houses because of noise, loss of privacy and traffic • Concerns regarding the local sewerage system

Additional Information: None.

Material Planning Considerations:

The design and principle of constructing a house on the site 1. The location of the site and the principle of the development has already been acknowledged as acceptable by the Local Planning Authority by means of the previous application; the house was refused on the grounds of its size only. The affordable housing officer had no objection to the application after reassessing the applicant’s needs. The size of the house in this application has been reduced substantially; therefore, it is considered that the proposal now complies with policy CH5 of the GUDP and the supplementary planning guidance for affordable housing.

2. In terms of the appearance and its setting on the site, it is considered that the proposal is acceptable and that it would not harm the visual amenities of the area. It is also considered that its finish matches that of the nearby dwellings. Therefore, it is considered that the proposal is acceptable in respect of Policies B22 and B25 of the GUDP.

Amenities 3. The site is located to the north of dwelling houses and the rear of these houses face the application site. There are some windows in the rear elevations of these houses; however, it is not considered that the proposal would cause significant harm in terms of loss of privacy for the occupants of these houses. Also, it is not considered that the proposal would be an overdevelopment of the site and that the traffic associated with the proposed house would cause significant harm to local amenities. Therefore, it is considered that the proposal complies with policy B23 of the GUDP.

Roads 4. It is considered that the roads leading to the site are acceptable and that there would be sufficient parking spaces within the curtilage. The transportation unit has no objection to the proposal and it is not considered that the proposal would have a detrimental impact on road safety. It is, therefore, considered that the proposal complies with policy CH33 and CH36 of the GUDP.

Flooding 5. Many of the letters of objection have voiced concerns in relation to the issue that developing the land would exacerbate the flooding problem that exists in the area already. The Environment Agency has suggested that porous materials should be used, such as gravel, rather than tarmac, for the hard surfaces surrounding the property. This can be ensured by imposing a condition on any permission asking for a porous surface to the service road and to the land surrounding the house.

Design and Access Statement 6. As noted previously, the application seeks permission to erect an affordable dwelling. In accordance with the Town and Country Planning Order (General Development Procedure) (Wales) 2009, a Design and Access Statement is required. Technical Advice Note 12 Design provides clear advice. The Design and Access Statement is a material consideration that those determining the application must consider. The applicant has noted in the statement that consideration was given to the character, movement, environmental sustainability, community safety and access. The Design and Access Statement has received due emphasis and consideration in determining this application, but has not changed the recommendation.

Conclusions: It is considered that the use, location, design and proposed materials are acceptable and that they will not disturb the character and appearance of the area. All material considerations were addressed when determining this application, but this has not changed the recommendation.

Recommendation: To delegate powers to the Planning Manager to approve the application subject to conditions and signing a section 106 agreement to retain the dwelling as an affordable house for local need – conditions – five years, materials, code for sustainable homes, parking spaces, porous materials, withdrawal of permitted development rights, sewerage, surface water and the development to conform to approved plans.

Number : 7

Application Number: C11/0365/09/HY Date Registered: 12/05/2011 Application Type: Advertisement Community: Tywyn Ward: Tywyn

Proposal: ERECTION OF DISPLAY BOARD Location: YSGOL PENYBRYN , FFORDD CADFAN , TYWYN , LL36 9EF

Summary of the TO APPROVE Recommendation:

Description: A planning application for the erection of a display board and for displaying advertisements within a proposed display cabinet on the front yard of a primary school.

The proposal involves the erection of a darkbrown stained softwood display board on two posts. The cabinet would stand approximately 0.95 metres above ground level and would measure 1.60 metres in height by 1.20 metres in width and 0.10m in depth.

The site is located within the development boundary of the town of Tywyn, as noted in the Gwynedd Unitary Development Plan, there are no adjacent listed buildings and there is no special planning designation near the site. The site is adjacent to a public road and is surrounded by a residential area.

Relevant Policies: Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that decisions should be made in accordance with the Development Plan, unless material planning considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.

Gwynedd Unitary Development Plan 2009: Policy B23 – Amenities Safeguard the amenities of the local area by ensuring that proposals conform with a series of criteria aimed at protecting the recognised features and amenities of the local area.

Policy B25 – Building Materials Safeguard the visual character by ensuring that the building materials are of high standard and in keeping with the character and appearance of the local area.

Policy CH21 – Signs Proposals for signs will be approved if they conform with a series of criteria regarding visual, cultural, linguistic and amenity matters and road safety.

Gwynedd Adopted Supplementary Planning Guidance: Planning and the

National Policies: Planning Policy Wales (Edition 4, February 2011) paragraph 3.5.1 – refers to statutory provisions enabling local planning authorities to control the display of advertisements, and there is emphasis in the policy on controlling the two effects, amenity and public safety.

Technical Advice Note 7 Outdoor Advertisement Control – paragraph 7 and 8 – refers that there are only two criteria for dealing with applications for advertisements, namely the impact on amenity and public safety.

Technical Advice Note 12: Design – 2009 Technical Advice Note 18: Transport 2007

Relevant Planning History: In July 2003 a full application was approved for an extension to the canteen and to an outside shed and for the demolition of a former garage, and in November 1999 two single storey extensions were approved to provide new classrooms, and furthermore in August 1997 approval was granted for the demolition of an outside classroom and the construction of a nursery unit.

Consultations:

Community/Town Council: Not received

Transportation Unit: No specific observations to offer

Public Consultation: A notice was placed on the site and neighbouring residents were informed. The advertising period ends on 3 June 2011 but no response had been received when preparing the agenda.

Additional Information: The application is submitted to the Committee since the application relates to Council owned land.

Material Planning Considerations:

The impact on the amenities of the area 1. The nonilluminated sign would be positioned within school grounds near the entrance gates with the adjacent public road, and near a brick wall on the western boundary. The display board would be in keeping with the character of the townscape in respect of design and it is not considered that it would have a detrimental impact on the character of the area. The sign will include information about community events and the school / Council’s corporate motif, and it is considered that its position, size, colour and content are acceptable. With regard to criterion 4 of policy CH21 (Signs), it is considered that the proposal will not lead to an excess of signs on one specific site. There are dwellings situated across the road opposite the site, but it is not considered that the proposed sign would adversely affect the amenities of the nearby residents. It is considered that the proposal would conform with policies B21, B25 and CH21 of the GUDP locally and with national policy.

Development guidance and the Welsh language 2. It is considered that the sign would promote the Welsh language by ensuring that the language and the wording were clear to the public. It is recognised that there is a need with such applications to try to secure a bilingual sign so that it will not have an adverse effect on the linguistic character of the area in accordance with planning development guidance and the Welsh language.

Impact on road safety 3. The sign would be set back approximately 3 metres from the side of the unclassified county road which is reasonably straight and includes speed humps, and it is not considered that the position of the sign would have an unacceptable effect on road safety. The sign would be clear to road users and would conform in terms of position and design with policy CH21 of the Gwynedd Unitary Development Plan (2009).

Conclusions: Having considered the above issues, it is considered that the application is acceptable in principle and is in accordance with the local and national policies referred to above. It is considered that the applicant has positively addressed the design and position aspects of the sign together with architectural style, size and finish in keeping with the character of the area. It is recognised that the sign is bilingual and in keeping with language guidance and is clear to road users.

Recommendation:

To approve the application – conditions – to implement in accordance with the details submitted; to maintain the display board, structure and signs in a clean, safe and orderly condition.

Number: 8

Application Number: C11/0374/14/R3 Date Registered: 20/04/2011 Application Type: Regulation 3 Community: Caernarfon Ward: Peblig

Proposal: CHANGE OF USE OF UNIT FROM AN INDUSTRIAL USE TO A USE FOR THE STORAGE OF RECYCLING MATERIALS Location: UNIT A15, LÔN TŶ NEWYDD , CIBYN INDUSTRIAL ESTATE , CAERNARFON , GWYNEDD , LL552BD

Summary of the Approve subject to conditions. Recommendation:

Description:

The site is located on Cibyn Industrial Estate which contains a variety of uses, including business uses, sorting and handling waste sources, and storing and distributing general industrial materials.

The site contains industrial unit A15 which has a surface area of 480m 2 and is currently empty. It forms part of a much larger industrial building and extends the Council’s recycling activities which are already established on the Caergylchu site. This application proposes to change the use of the empty building into a use that would include storing, sorting and distributing up to 5,000 tonnes a year of dry, recycled commercial materials and it is anticipated in the design and access statement that the site would operate on 56 loads a day.

The application was submitted because of the opportunity to establish a facility that would offer a recycling service to local businesses. Up to now, the Council has only been able to offer a limited recycling service to the county’s commercial waste customers, and providing the development proposed in the application would therefore contribute towards reaching the Assembly's targets to divert waste from landfill. The success of recycling centres in Pwllheli, Bangor and Caernarfon has contributed significantly towards achieving the recycling targets of over 40% in Gwynedd.

The application is only for changing the use of the building to enable the transfer and recycling of dry materials such as cardboard and plastic from local businesses. The application does not involve any changes to the appearance of the building or to the layout of the surrounding land, therefore no storing and handling activities would be taking place outside the building.

It is proposed to introduce a mixed recycling materials collection service to local businesses, and to transport these materials together in one lorry to Unit A15. It is then intended to move the collected materials onwards in larger bulks to a purpose built processing site in Shotton.

The development does not fall within the criteria in Schedule 1 or Schedule 2 of the Town and Country Planning (Environmental Impact Assessment) Regulations (England and Wales) 1999, therefore the application does not require an Environmental Statement.

Relevant Policies:

Local Planning Authorities are expected to make planning decisions in accordance with the adopted development plan, unless material planning considerations indicate otherwise, as emphasised in Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 3.1.2 of Planning Policy Wales. The adopted development plan is the Gwynedd Unitary Development Plan, and the relevant planning policies, including regional and national policies and guidelines, are shown below:

Gwynedd Unitary Development Plan Strategic Policy 8 – Waste Strategic Policy 15 – Industrial Land Strategic Policy 16 – Employment

Policy B22 – Building Design. Promote good building design by ensuring that proposals conform to a series of criteria aimed at safeguarding the recognised features and character of the local landscape and environment.

Policy B23 – Safeguard the amenities of the local neighbourhood by ensuring that proposals must conform to a series of criteria aimed at safeguarding the recognised features and amenities of the local area.

Policy B25 – Building Materials. Safeguard the visual character by ensuring that building materials are of a high standard and in keeping with the character and appearance of the local area.

Policy B34 – Lighting and Light Pollution. Ensure that proposals do not significantly harm the amenity of neighbouring land uses and the environment.

Policy C3 – Reusing Previously Developed Sites. Proposals that give priority to reusing previously developed land or buildings that are located within or near development boundaries will be permitted provided that the site or building and the proposed use are appropriate.

Policy C22 – Waste Management Facilities. Proposals for waste management facilities will be approved provided that they are justifiable in terms of the ‘Best Practicable Environmental Option’, the waste disposal hierarchy and the proximity principle provided there is demonstrable local need for the development.

Policy CH33 – Safety on Roads and Streets. Development proposals will be approved if they can conform to specific criteria relating to the vehicular entrance, standard of the existing road network and traffic calming measures.

Policy D2 – Industrial Sites. Land and units on Industrial Sites will be safeguarded for Classes B1, B2 and B8 uses. Proposals for developments not included in class B1, B2 or B8 uses will be permitted provided that they are small scale ancillary business facilities; provide waste management facilities or other 'sui generis' uses with similar features to Class B2 or B8 uses; or, do not result in a shortage of land or units for Class B1, B2 and B8 uses.

Policy CH36 – Private Car Parking Facilities. Proposals for new developments, extension of existing developments or change of use will be refused unless offstreet parking is provided in accordance with the Council’s current parking guidelines, and having given due consideration to the accessibility of public transport, the possibility of walking or cycling from the site and the distance from the site to a public car park.

National Policies: Technical Advice Note (Wales) 12: Design Technical Advice Note (Wales) 21: Waste Technical Advice Note (Wales) 11: Noise Technical Advice Note (Wales) 18: Transportation Planning Policy Wales 2002

Regional Plans North Wales Regional Waste Plan 2003 (First Review 2008).

History: The site’s planning history is as follows:

Planning application no. C05A/0663/14/R3 was approved on 4 April 2006 for ‘Changing the Use of Part of the Council's Depot into a Waste Transfer Station, New Workshop, Entrance and Office'. The Caergylchu site is already established on the site and offers a recycling service for the public.

Consultations:

Caernarfon Town Council: Not received.

Transportation Unit: No observations on the application.

Environment Agency: No objection to the application but highlight that the applicant needs to contact the Agency to discuss licensing requirements under the terms of the Environmental Licensing Regulations (England and Wales) 2007 prior to starting the development.

Welsh Water: Not received.

Environmental Health Not received. Section:

Public Consultation: This application has been advertised in the press and locally. No objection has been received to the application from any local businesses or residents.

Additional Information: The application is submitted to Committee in accordance with the Gwynedd delegated scheme as it is a development submitted by the Council.

The Principle of the Development 1. The requirements of Technical Advice Note 21: Waste, along with the Regional Waste Plan objectives outline the need to develop a sustainable network of facilities for waste treatment, with particular emphasis on the need to provide facilities for re using and recycling waste.

2. The Regional Waste Plan (November 2003 – 2013) notes the planning requirements in terms of land use for all controlled waste sources in North Wales and is part of this regional strategy. It refers to a list of alternative methods in relation to operating differently to land filling/land raising waste as well as sustainable methods of treating and dealing with waste. Furthermore, the Regional Waste Plan projects that a substantial percentage of business and commercial waste will need to be redirected in North Wales by using waste transfer facilities by 2013.

3. The National Assembly and the Regional Waste Plan acknowledge that industrial land must be released for waste recycling and treatment facilities, if the targets for reducing the waste transported to landfill sites are to be met.

4. The development proposed here is located on Cibyn Industrial Estate and Policy C22 approves proposals for waste management facilities that manage waste sustainably and where there is a need for the facility, subject to several criteria. The policy notes that proposals must be acceptable in terms of the 'Best Practicable Environmental Option’ (or the ‘Sustainable Waste Management Option’), the waste disposal hierarchy and the proximity principle, and that a series of criteria are met, including the following: that the location and scale of the development are suitable; that the size of the site/facility corresponds to the estimated annual input of waste to be recycled. Policy C3 also promotes reusing previously developed land rather than using greenfield sites, subject to an assessment of all other relevant planning considerations, including, e.g. the presence of safeguarded species or the archaeological value of the site.

5. This application is for a facility that would contribute to increasing the amount of waste that is recycled and reducing waste that is land filled, and it would contribute towards the need to extend the Council’s recycling service across Gwynedd. Using the land as a site for receiving recycling material is an industrial use in nature and is inkeeping with the historical use of the site and nearby lands.

6. It is believed that the development and the proposed land use is acceptable in principle and complies with national and regional planning policies and guidelines, and also with Policies C3 and C22 of the UDP, subject to an assessment of the relevant planning considerations noted below.

Visual amenities 7. The application is for changing the use of a building that stands empty on an industrial estate. The plans do not entail any change to the building’s external appearance.

8. It is therefore considered that the development itself would not have any negative impact on the area’s visual amenities.

Highway Safety 9. Although it forms part of the same recycling service and is part of the same building as Caergylchu, the commercial centre will not attract pedestrian users. The site is a facility for the Council’s vehicles and services only, with a separate access to Unit A15 from the Industrial Estate road. There will be no direct access to the Unit from the Caergylchu site, however each load will have to cross the weighbridge at the entrance to the Caergylchu site in order to keep account of the weight of the materials transported.

10. The Council’s collection vehicles will reach the site and unload the materials inside the building, and it is anticipated that the facility will receive up to 56 loads daily. When sufficient materials have been collected, it is intended to transfer them in lorries to the sorting facility in Shotton every other day – namely around three or four loads every week.

11. Given that most movements will be limited to the industrial estate straight from the adjacent highway, it is unlikely that any road users will be detrimentally impacted. It is considered that the current road network in the industrial estate has been established for use by business vehicles, and is therefore suitable for the proposed traffic levels. The development therefore complies with policy CH33 of the UDP and national planning guidance.

Economy 12. It is important to remember that the building on this site is currently empty, and therefore does not contribute to the economy. As a result of operating the development, the materials would not be transported to a landfill site, and savings will be generated from not having to pay landfill tax. In the long term there will be economic savings for the county’s businesses, as landfill tax continues to increase.

13. The proposal will provide one fulltime job in the shortterm and complies with Strategic Policies 15 and 16 and Policy D2 of the Unitary Development Plan and will have a positive impact on the local economy.

Conclusions: • The development which is similar to a storing and distributing use is acceptable on Cibyn Industrial Estate, which has been designated for industrial uses and storing and distributing uses in the UDP. • Implementing the waste strategy and meeting the Assembly’s targets are priorities for the Council, and a network of sites should be provided to deal with waste collection in order to fulfil the task. Gwynedd must significantly increase the amount of waste to be handled in a sustainable way if it is to meet the Assembly’s targets; and contribute towards reducing the percentage of waste that is sent to landfill in Gwynedd. This development would contribute towards providing a network of sustainable waste facilities in the County. • There would be no detrimental impact on the users of the existing road network and the Transportation Unit has no observations on the application. • The development would contribute positively to the local economy by creating two fulltime posts. • The development conforms to local planning policies and national and regional planning guidance as referred to in this report.

Recommendation:

To approve the development with the following conditions to ensure appropriate planning control in the following areas • Conform to the application plans and details but need to submit, via a planning condition, full details of any machinery used for this purpose; • Working hours to be between 6.00 and 18.00 Monday to Saturday and between 8.00 and 17.00 on Sunday; • Only dry recycling materials are permitted, namely cardboard and plastic; • No storage or sorting of waste materials or skips outside the building; • No alterations to the external appearance of the building without prior consent.